Statutory Issues Related to Investigations
Law Enforcement - Banners
USA PATRIOT ACT

- Consent exception
- Computer trespasser exception
- Court orders

Some Government entities placed consent banners on their six or eight most commonly used ports in an attempt to obtain implied consent from trespassers. Unfortunately, since computers have over 65,000 virtual ports, hackers could inevitably penetrate a system through an unbannered port and thereby bind the hands of law enforcement. The USA PATRIOT Act recognized a new exception for intercepting the communications of “computer trespassers.” Thus, law enforcement agents may now generally rely on the consent exception, the computer trespasser exception, or court orders to obtain information necessary to accomplish their investigations.
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